One of the most common questions a probate attorney in Wichita KS is asked is “how long will probate take?” It’s a perfectly valid question but the answer is not as simple as you might think, there are a number of factors that enter into the picture.
Beneficiaries:
The number of beneficiaries noted in the will and their place of residence is important. The more people that are involved and the farther they live away from the location of the attorney who is dealing with the estate the longer the process of probate will take. It is not that these impediments complicate the issue; it simply means that it takes time to mail the necessary documents back and forth from multiple beneficiaries.
Disagreements:
As is so often the case, getting multiple beneficiaries to agree on everything is difficult and the more people that have been named, the harder it becomes to reach agreement. In some cases one or more beneficiaries will resort to engaging their own lawyer to monitor the process and unfortunately, these lawyers can nit-pick which does little more than drag the process out.
Contested will:
There are circumstances where the will can be contested, a will contest is a perfectly legal proceeding that seeks to invalidate the will because:
* Not signed according to proper legal formalities
* The will is fraudulent
* The will was signed under duress
* The deceased lacked the mental capacity to make the will.
If the will is contested, probate can drag on for a very long time.
Taxes:
If the estate is taxable the time for probate is usually longer than if the estate was non-taxable. N estate which is taxable cannot be closed until such time as the tax obligation has been met and a closing letter has been received from the tax authority.
Complicated assets:
If the will is simple and the assets are little more than a house, a few bank accounts and perhaps a couple of cars, Fleeson Gooding Attorneys at Law can probate the will quickly; however if the estate is more complex, for example the deceased had an interest in the family business, it can be complicated.
If all the beneficiaries get along with one another, the estate is not taxable and the assets are simple the entire process should take less than 12 months, if not, the process can take years.
